Q: Hi, I am on engineer visa with a 2-year limited term contract from 24-Dec-2017 up to 23-Dec-2019 with my company. The last 2-Jun-2019, my company sent me a 1-month termination notice due to redundancy. Now, I received my settlement computation showing my final salary, gratuity and leave entitlement only. They want me to sign my cancellation of the work permit stating that I received this settlement. My doubt is, am I not entitled to the 3-month compensation due to early contract termination? Does this termination due to redundancy exempt my company from paying me this settlement? I hope you could help me confirm this issue. Thank you.

Q: My company terminated my contract 6 days before the probation period ended. They owe me 1 month's salary (AED 10,000) and are forcing me to sign the visa cancellation paper before giving me my dues. What do I do?

Q: Last April 19, 2018, the company that I am working with issued a demobilization letter terminating my services due to the projects being at their finality. I accepted the letter and prepared everything for my departure after 30 days. They asked me to sign the cancellation of visa letter but I refused because I want my final settlement first. I was supposed to leave on May 19, 2018, but still, the final payment was not yet given. So, I stayed until my visa expired last June 10, 2018. I asked them several times about my final payment but they kept on saying there were no funds available. On June 24, 2018, our HR head called me and asked me to sign my visa cancellation and told me that in 2 to 3 days they will give my final payment. I signed the visa cancellation since my visa was already expired that time anyways. To make the story short, up until now they have not paid my final payment and I am still here working in my company without a visa and medical insurance. I will stay until they pay me.

Q: Does an employee have to sign any paper with the employer to initiate his visa cancellation after the resignation and before last working day? My employer is asking me to sign a form named "United Arab Emirates Ministry of Human Resources and Emiratisation Electronic Work Permit Cancellation", where all my details are printed and written, "I certify that I have received all my dues up to date... Employee Signature". My notice ends on Aug 29th and they are yet to pay end of service...etc., and this is an unlimited contract and my employer is asking me to sign this paper saying this should be signed to initiate visa cancellation. But I am uncertain to sign as I haven't received my pay yet but the paper says so. Please suggest

Q: Hello, I would like to ask about the applicable principles in case of termination of an employee's contract. The employer added a clause of "Compromise Agreement" to the "End of the employment settlement agreement" where he declared warrants that employee can't issue proceedings or any claims "in connection with the employee's period of service and the employee undertakes that neither the employee nor anyone acting on the employee's behalf will present such application, or claim at any time after the termination of the employee's employment" There are 2 other paragraphs where they specify to which all entities you are not allowed to issue these claims - including Ministry of Labour or other court withing UAE. the 2nd paragraph is covering international entities. I know this practice from other countries where it is possible to declare almost anything. But these parts of the contract will never be taken into consideration based on the country law. The parties are using these only to threaten the other party.

Q: Hi I need your advice, please. I resigned and completed my notice period upon transferring my visa from DMCC to TECOM. My employer sent the end of service settlement along with my last salary and leave benefit. Now, to complete the process, they need me to sign that I have received the amount which I didn't. My previous employer is saying they don't have money right now and to sign then they will pay once available. My question here is that if I sign, do I lose my right to claim the money if they didn't pay? If yes, what kind of legal document or cheque can I ask them to provide prior signing? I'm hugely affected as I can't transfer the visa. I have asked DMCC and they said I can file a complaint for them to try to settle but I'm sure my previous employer will come and say no money without solid commitment to pay. Then DMCC will advise going to court which might take a long time. I don't like to make problems but I need advice on what I can ask them to provide to secure my money and to transfer my visa.

Q: Dear Ms Khan, I signed a job offer on Nov 2017 and worked for 2 years. The labour card & visa expired on 27 Nov 2019. The employer did not renew/cancel/pay salary from Nov. On 5 Jan 2020, I resigned. On 6 Jan 2020, the HR manager acknowledged the receipt of my resignation. I filed a complaint with MOHRE. The employer attended the meeting and accepted my resignation without notice period. He also agreed to verify and settle DUES within 3 days. MOHRE closed my complaint. Now, the employer's legal counsel is threatening to file a case and contest on grounds of Breach of Contract & Conflict of Interest. They are forcing me to accept cancellation without any dues. My questions are: 1: Are the employer's actions legal? 2: Can I re-open my MOHRE complaint? If the Employer is not agreeing to MOHRE mediation and goes to court. What is the prescribed time frame to resolve the case? 3: Because my visa and EID have expired, I am not able to travel or even get medical treatment for myself. What are my options? Thanks!

س: السلام عليكم، تلقيت فصلاً من شركتي بعد ثمان سنوات عمل وطلبوا مني عمل تعليق لإقامة أولادي حتى يلغوا إقامتي. طلبوا مني كذلك توقيع إلغاء تصريح العمل ولكنهم لن يعطوني مستحقاتي كاملة إلا بعد عمل التعليق. هل هذا قانوني؟ وهل إذا أعطوني صورة الشيك بالمستحقات هذا يكفي للمطالبة به أم أنني عند توقيع أني استلمت كافة المستحقات لا يمكنني مطالبتهم بها لاحقًا؟ برجاء الإفادة قبل توقيع إلغاء تصريح العمل.

Q: I filed a labour case against employer for pending salaries and EOSB, and cancellation of visa. The complaint was transferred to the court now. I received the link and registered the case against the employer now, which will be heard after 12 days. My employer is asking me to sign the cancellation and collect my amount but I am not at all satisfied with their offer.  My question is how can I answer them as the matter is in the court already? Any cancellation now needs to be done through the court, so please advise what shall I reply to them. Once the file is open, I need to wait for the judgement and then follow up for visa cancellation not before the case is done. If I do it before and listen to my employer what will the consequences be? Please advise.

Q: Dear Sir/Madam, I find myself in a situation with my ex-employer and want some advice from the knowledgeable folks here. I resigned providing notice as required by my contract. However, my employer is withholding my ESOB, unpaid vacation days, and salary unless I sign a document. This document includes clauses covering NDA, non-compete, and importantly, a statement claiming that all dues have been settled. Despite my repeated refusal to sign until my outstanding dues are resolved, my employer has threatened me with a ban if I don't comply within the next 24 hours. I've expressed my willingness to sign the NDA and non-compete clauses but have insisted that any statement regarding the clearance of dues be omitted until they are actually settled. I'm seeking advice on what options are available to me in this situation and whether I should take the threat of a ban seriously, considering its legal standing. It is for a DMCC-based company which I believe is relevant information.

Issue: An employee resigned from the job after working for 5 years, and signs a letter addressed to the employer that he wants his gratuity to be paid only after his customer pays the employer. Therefore, has the employer defaulted for End of Service (EOS) payment under the UAE Labour Law?

An interview-format article covering the topic of things to consider when leaving the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.

The UAE has adopted a major reform in its legislative system that brought about 40 new laws and amendments to the company law, criminal law, personal status, among others. The amendments aim to develop the legislative structure in various sectors, the labor law being one of these, was the most recent. We try in this article to shed light on the changes introduced with the new labor law and their significance on both, the employer and employee.

The provisions of this Law, known as "UAE Labour Law", govern the relationship between employers and employees and other labour matters in the United Arab Emirates. There are special labour related regulations applicable in some of the free zones in the UAE.

This Decree sets the rules and conditions for the termination of fixed-term (limited) or unlimited (not term-bound) employment contract between employer and worker in the United Arab Emirates.

The provisions of this Decree-Law, known as "New UAE Labor Law", govern labour relations in the private sector of the United Arab Emirates. The New Labor Law repeals the previous UAE Labor Law (Federal Law No. (8) of 1980).